Employee Privacy, Employer Policy

Employee Privacy, Employer Policy
Mark Rasch, 2006-10-31

Mark Rasch looks at two recent court cases where an employee's reasonable expectation of privacy was more important than the employer's ability to read any employee's e-mail - despite a privacy policy that clearly stated any company e-mail can, and will, be monitored.

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Doesn't this suggest "Be a Bastard"? 2006-11-05
Nicholas Weaver (1 replies)

So much of what this seems to say is that an employer should be draconian, and actually PRACTICE intrusive monitoring, just to make clear that in practice there is no expectation of privacy.
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Re: Doesn't this suggest "Be a Bastard"? 2006-11-06
hf

Many big companies today (in the USA) go out of their way to repeatedly remind contractors that they are not employees. (contraction != employee) For example, they have "employee only" meetings, mailing lists, and events. Even lectures and training are "employee only" except where an explicit nee...

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Employee Privacy, Employer Policy 2006-11-12
Mike H

There seems to be a couple flaws in the Mr Rasch's logic.
1st - an employess' network and email password is not for the purpose of protecting the employee, but rather to protect the assets (including digital) of the company. An employee is expected to maintain and protect that PW just like any oth...

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Employee Privacy, Employer Policy 2006-11-13
Anonymous (2 replies)

I'll buy that "no expectation of privacy" is not accurate, but can't you line most "company property" abuse policies to a broader policy that's in the company interest - for example, using email for personal use is more an issue of not wasting work time on personal affairs (e.g., not getting your wo...

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Re: Employee Privacy, Employer Policy 2006-11-15
Anonymous (3 replies)

Does anyone know about email privacy when you are not on company time (at home), using your own personal equipment, and using a personal email address not paid for by the company? A friend of mine is in trouble. An email was forwarded to him which he then forwarded to others but not before adding a...

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Re: Re: Employee Privacy, Employer Policy 2006-11-17
Mark D. Rasch

Its not really a privacy issue. Once he hits SEND he effectively takes the risk that someone will forward it to people he doenst intend. The more difficult issue is whether he violates company policy and is therefore subject to discipline by actions taken off company time - for example, an offhand...

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Re: Re: Employee Privacy, Employer Policy 2007-09-06
Anonymous

As a law-enforcement-employed civilian IT manager, my informed opinion is that if there was no criminal wrong-doing (and no grounds for legal subpoena), the target employee still has expectation of privacy for his personal email. Even if there is overlap between work and personal email, I would say...

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Re: Re: Employee Privacy, Employer Policy 2007-09-06
Anonymous

Follow-up from LEO IT manager: I was referring more to potential access to a personal email account, versus an actual email that was sent. I'm pretty sure that once you hit send, you lose all control of personal privacy for that email! But passwords to personal resources, gained for instance by key...

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Inappropriate Use 2006-11-17
Mark D. Rasch (1 replies)

its not always sexual harassment. There are many things that are neither sexual NOR harassing but are nonetheless inappropriate in a workplace. The employer clearly can, and in some circumstances MUST control the work environment. The issue is whether the employee has ANY privacy rights at all. I...

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Re: Inappropriate Use 2006-12-18
Anonymous

In the second case you deal with in the article, the name of the plaintiff is Quon, not Quoin. I initially hadsome difficulty pulling it up, and I thought this may help others. Thanks for the article....

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Employee Privacy, Employer Policy 2006-11-17
Anand R

Any company that states it has a right to monitor systems should be carrying out the process in course of the business and not on an exceptions-only/reactive basis. If the company cannot demonstrate that it monitors and reviews usage as part of normal business, the jury may choose to absolve the emp...

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Employee Privacy, Employer Policy 2008-01-24
mad mom

if you send a personal e-mail from home to your customer service in regards to a bill. Then the customer service manager sends it to your boss to have your boss push on you to pay your bill. Is that legal...

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Employee Privacy, Employer Policy 2008-05-25
Anonymous

what if your aloud to use the computer and are aloud to log in to personal email and other applications as long as your not doing it on company time then your employer uses the monitering system to obtain your information and logs into you personal accounts without telling you...

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Employee Privacy, Employer Policy 2008-06-24
Anonymous

I work in California for a city run animal shelter. Can conversations in the lobby area be audio recorded. Only 3 employees will be subjected to this, while the other 15 enjoy complete privacy in the workplace....

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Employee Privacy, Employer Policy 2009-06-04
Anonymous (1 replies)

What are the expectations of people who send employees/friends emails as to privacy? In this case, the employer told the employee to discontinue "personal" conversations with me, and to relay this information to me. I wasn't aware they were reading their employee emails, had never been notified by t...

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Re: Employee Privacy, Employer Policy 2009-10-03
Anonymous

These courts have reasoned that such monitoring falls within either the "business extension" or "service provider" exception to the federal requirement that at least one party to an electronic communication, such as e-mail or Internet usage, must consent to the recording or monitoring....

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Employee Privacy, Employer Policy 2009-10-23
Anonymous

if you have a legitimate doctors excuse to be off work and you are under doctors orders to get absoolutely nothing but bed rest, and the physician office fax your job your doctors prognosis to be off of work for an entire week. Does your job have the authority to give you a written warning when retu...

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